04/05/1979Present Absent
Dr. Michael Emmick Mrs. Sandra Kavanaugh (excused)
Mr. William Fearn
Mr. Arnold Hansen
Mr. Edward Jack
7 Mr. Dan Ogg
Mr. James Peotter
Mrs. Betty J. Wallin, Mayor
1 n 1 2 1 1 7
KODIA.< ISLAND BOROUGH ASSEMBLY MEETING -APRIL 5, 1979
(A Verbatim Record is on File in the Clerk's Office)
I CALL TO ORDER
The meeting was called to order by Mayor Betty J. ' iallin at
6:44 P.M. in the Borough Assembly Chambers.
II ROLL CALL
A quorum was established.
III ACCEPTANCE OF AGENDA
Mayor Wallin made the following additions:
VI F. Report of Counsel at Village School Site Acquisitions
VI G. School Budget
Mr. Peotter moved to close the agenda. Seconded by Dr. Emmick.
Hearing no cbiectiQD the chair so_ordirer d.
IV MINUTES OF PREVIOUS MEETINGS
A. Assembly- Special- February 22, 1979
B. Assembly - Regular -March 1, 1979
C. Assembly-Special-March 8, 1979
D. Assembly- Special -March 12, 1979
V MINUTES OF OTHER MEETINGS
A. School Board- February 12, 26 and March 12, 1979
B. Mental Health Board - February 20, 1979
C. P B Z Commission- February 21 and March 19, 1979
D. 0.E.D.P. Committee May 23, 1978 and March 20, 1979
Dr. Emmick _.mcvedtStaccept and V. on the agenda _as one
ui}it. Seconded by Hr. Hansen. Hearing no objection_ tbe .chair
so ordered.
VI COMMUNICATIONS 6 APPEARANCES
A. O.C.S. Advisory Council F.opointments (2). Mayor Wallin named_
T j'eters m t2__rep.lide John Witteveen. The second resignation
was not official. Mr. Peotter moved to ratify the appointment.
Seconded by Dr. Emmigk. Hearing no objection the chair so
ordered.
B. Mental Health Board Appointments (3). Mayor 1.!allin reappointed
George Starr- Bresettet new appointments are Phyll.isSh_gll and
Christy Larsen. Mr. Hansen moves f o` rati_ ication._.Seconded by
Mr. Peotter. Hearing no objection the chair so rd . red
C. Title 16, Subdivisions- Received from City. Dr__Emmick moved
to acknowledge receipt of Title 16, Subdivisions - Received from.
City. Seconded by Mr. Jack. Hearing_n4_sbjgctiigl_the cbalr_so.
D. 0.E.D.P. Appointment (1). Mayor Wallin appointed Ed VanFleet.
Mr. Peotter moved for_ ratification. Seconded by Dr. Emmick.
Hearing no objection t e chair so ordered.
E. B.O.E. Appointments (3). Mr. Hansen moved to appoint Alan
Beardsley. Seconded by Dr. Errmick. Mlearing no nbjectim__the
chair so ordered. Mr. Peotter moved to Ernie_Thamp_son.
Seconded by _ Hansea. HsariDg.BO_ Sbjectign the. Chair _sa
ordered. Hr. Jack moved to appoint Ron Zener. Seconded by My
Hansen. Motim died 3 -3. Mr. Ogg moved to appoint Tex Rickard
Seconded by Mr. Hansen. (tearing no objection the chair so
ordered. These apointments were for alternates to the B.O.E.
Committee. The clerk was directed to notify the new members.
1 1 r? 1 1 7 9
KIS ASSEMBLY MEETING -APRIL 5, 1979 PAGE 2
F. Report of Counsel on Village School Site Acquisitions. Mr.
Hansen read the correspondence. Mr. Denslow explained that the
agreement prepared by Mr. Lekisch was mailed to the village
corporations on October 31, 1978 and followed up on December 19,
1978. Akhiok is the ally village that has responded. It was
pointed out that for the present "intent" would be sufficient
on the part of the villages. Mayor Wallin requested expeditious
settlement of this matter. Mr. Peotter moved to direct mdm4n4s.,
tration to prepare a re.solution__in_ conformance with the_ request
of the attorney for presentation at the Hay 3, 1979 meeting._
Seconded by Mr. Ogg. Motion carried unanimously
G. School Budget. Ur. Anttonen made the presentation. The
borough portion of the 59,397,701 budget would be $1,232,869.
Dr. Anttonen stated this amount was needed to maintain the
quality level. of programs and education. i'
set a special meeting for school budget _ at 6:30 P.M,„ April 30,
1979 in the assembly chambers in accordance with A.S, Title 14..
Seconded by Mr. Peotter. Motion carried unanimously. The first
reading of the borough budget will be at this special meeting also,
VII PUBLIC HEARING
A. Ordinance #79-7-0 Amending Ordinance ;.78 -11 -0 (Budget). lira
Peotter moved for adoption of Ordi_nancs_f79 -7 -0. Seconded__py Mr.
Hen. Mayor Wallin closed the regular session and opened the
public hearing.
No one spoke FOR or AGAI4ST.
Public hearing closed; regular session reconvened. Motion
carried unanimously.
VIII OLD BUSINESS
A. Resolution 879 -12 -R With Respect to Confidentiality of Cxecu-
tive Sessions of the KIB Assembly. Mr. Peotter read the resolu-
tion. Dr. Emn_ok moyed for adoption of Resolution #79- 12 -R.
Seconded by Mr_ Peotter. It was stated that considering the
oath taken by the assembly members and the state law, the
resolution is not necessary and that the maker of the resolution
should be present at the time action is taken. , 1r. Jack moved
to amend to delete paragraph 4. Seconded y Dr. Emmick_ _Motion_
failed 3 -3; Dr. Emmick, Hr. Fearn and 1_r_Jack cast_YES votes
with Hr. Hansen, Hr. Ogg and Nr. Peotter_caeting_:Avotes. 11r:
Hansen moved to defer to the next regular meeting. Seconded by
Mr. Ogg. Motion carried 5 -11_Dr Emmick, Mr. Fearnn rr. Hansen,
Mr. Jack And Hr. Ogg ca votes with Mr. Peotter casting, one
NO vote.
B. Akhiok Presentation- tiayor rndy Kahutak. : Mayor Kahutak made
his presentation recommending the borough support MB 200.
Although they need a new school building, it is important that
a new roof be put on the existing school building as a safety
measure; He explained Akhiok priority requests. Nr. Jatmoved
to direct administration t�send_ letter of support of.HB 2.00
Public hearing _glosed;._regular_ session reconvened. Motion
carried unanimously.
C. Royal Large Issue. Dr. Emmick read the correspondence
dated March 28, 1979. Hr. Hansen moved to sell the 4.22 acres
to Hr. Large for $35,000 as per the advice of the boroug)_
attorney. Seconded by_tir. Ogg. F, five - minute recess was
called at 7:55 P.M. Motion failed 2 Mr. Hansen and Hr. Ogg
voted YES with Dr. Emmick tfr. Fearn and Mr. Peotter
casting NO votes._ It was pointed out that the borough attorney
has filed an intent to appeal. The manager was directed to
inform the attorney. Mr. On moved not to appeal the Royal Large
case. Seconded by Hr. Hansen. Dr, Enunick called_for a _vote_to
determine whether or not to vote on the last motion (sotto
appeal). Seconded byMr. Jack. Motion_carried14 -1; Dr._Emmick,
Hr. Fearn, Mr. Hansen, Mr. Jack and Mr. Peotter yoted_YES with
Mr. Ogg casting one `:O vote. Potion not . to appeal failed 1-8,_
0 1 ,, 1 7 1
KIB ASSEMBLY MEETING -APRIL 5, 1979 PAGE 3
Mr.. Ogg cast one_ YES vote with Dr. Emmick, i:r. Fearn, Mr. Hansen,
tar_ Jack and Hr. Peotter casting NO votes.
D. Proposals for Site Surveys 6 Soil Studies for Larsen Bay and
Ouzinkie High Schools (Items B 6 C February 6th meeting). Mr.
Jack read the correspondence. Mr, :!ansen moved for approval of
the proposals_fgr site surveys_._for both_schools. Seconded by Mr.
Jack .,_Ootion_carried.unanimously.
E. Ordinance #79 -5 -0 Prohibiting Prolonged Occupation of Borough
Owned Lands. Mr. Ogg read correspondence from Richard W.
Garnett III, borough attorney, reference aotion to Reconsider. In
light of the canmunique Mayor `lapin ruled her ruling on this
matter stand. :s. Jack moved for reconsideration of Ordinance
#1.9m5 Sessnded by _t!r. __
. Fearn,_Mgtion carried 4 -2;. ar. Lr.:mick,
Hansen and iir. gg_voting_NO. ;Ir. Jack called for the original
motion to be restated as a matter of clarification. pr, Emmick
moved to anent by substituting an amendment_to Title 18, Chapter
18.35 defining_Trespass- Posting of Property- Penalty to replace
the original Ordinance #79- 5- 0___Seconded by Hr. Peotter. _lotion
to substitute carried_ unanimousrg11.call vote. Mr._ Ogg
felt the substitute ordinance was unnecessary. Mr. Jack called
the previous Question. Seconded_by Dr.Erun ck. Notion carried
by unanimous roll call vote. Main motion, by_substit_ution,
carried 5- 11 _Dr,_Emmick, Mr. Fearn, 44‘. Hansen, Hr. Jack and Mr.
Peotter iPe4 YES withilr. Ogg casting one d0 vote.
IX MANAGER'S REPORT
1. In response to the assembly's request to provide maps dis-
tinguishing the parcels of land the borough has selected a base
map has been prepared indicating the general locations of
parcels selected as well as detailed location maps. These maps
are 81 by 11 inches, giving legal descriptions and will be avail-
able in the clerk's office and the manager's office.
2. Re: High school swimming pool. The consulting firm of
Crews, McInnes 8 Hoffman have given a confidential report for
presentation to legal counsel to be used in litigation. On
March 28th, Mr. Cameron of Raster Pools of Seattle came to
evaluate the possibility of replacing the pool liner with a
gunite liner. He stated it was feasible to replace the liner
with a gunite system and would prepare a proposal for his firm.
Of the other two firms, one would require a fee to come investi-
gate the situation, the other declined because of their lack of
experience in i.laska. The figure presently used is 3170,000.
3. The school district presented a billing from Kodiak Drilling
Company for modification of the well at the Chiniak school.
This was authorized by the assemblymembers present at the Chiniak
school open house ilarch llth. Mr. Jack moved to pay Kodiak
Drilling Comtany. in the amount of 5776.94 (this included a new
21_114pj, Seconded_ by Nr. _Hansen,_. Motion carried by unanimous
roll call vote.
4. Responding to questions asked by citizens of Bells Flats, it
was explained until such time as a national cadastral survey has
been performed title cannot be granted to the lands in question.
5. Reminded that the Citizens Committee from Service District f.`1
will meet with the assembly at 7:00 P.M. April 10th in the school
district conference room for discussion of the matter of services
and the implications of the turn dam of annexation.
6. Reported that the state has given tentative approval to the
Karluk airport proposal which has been up for review for two
years. This has been placed ai the construction schedule.
7. The Department of Environmental Conservation asked that a
resolution be introduced to the assembly to designate signatories
for finalizing grant applications for sewer and water in Service
District #1. Dr. Emmick movedtor adoption of Resolution #79 -23 -R.
Seconded by_Mr. Peotter. Notion carried 5 -1 with ''s. Ogg _opposed.
8. Reported that HB 184 had been investigated in Juneau. DEC
had stated the prospects for passage were slim; this would affect
P 6 Z powers in second class cities. tir. Denslow stated he had
not heard the rumor of a move to restrict local P 6 Z authority.
1 1, 2 1 1 7 1 5
KIB nSSEc!BLY MEETI:G- r.PRIL 5, 1979 PAGE 4
X :1Ew BUSINESS
A. Ratification of Election Judges. fir_ Emmick_moved for
ratification_ as presented. Seconded by_?:r. :Jansen. 'otion
carried unanimously.
B. Report on National Flood Insurance Program- Department of
the Department of dousing and Urban Development had suggested
KIB authorize participation in the ,(ational Flood Insurance
Program. Ed Busch of Community G Regional Affairs made a pre-
sentation describing the program and the borough's responsibilities.
Federal funds are not available if the community does not partici-
pate. It was stated that once the mapping is done the borough
will be required to live within the guidelines, as will all com-
munities. KIB has three flood prone areas: Pillar Creek,
Lake boetinger and Nonashka Creek. ir. Busch stated the cost to
the borough would be whatever staff is required to enforce the
ordinance adopted by the borough. Dr. Emmick moved this be
referred to the City and P 6 Z Commission for stud and recommenda-
tions. Seconded by ir. Peotter._ Motion carried by unanimous roll
call vote.
C. Proposed Revision 1(I8 Hospital E High School Roof Study. Mr.
Fearn read correspondence dated March 30, 1979. Dr. Emmick
moved to approve the request of the manager for 54,400 additional.
Seconded by Mr. P Motion carried unanimously.
D. 1st R_ =.din- 0rdin - 7? -8 -0 Confidenti
in Exeourtive Sssion. Ordinance was read by title
Emmick moved for aooroval_ of Ordinance #79 -8 -0 at
Seconded by Mr. Peotter. ?'r. Ogg felt the public
all information possible. Motion carried_ 4 -2, Dr.
Fearn.,_ir, Jack and Mr. Peotter voted YES with iir.
Nr_Ogg cast NO votes. -
of Proceedings
only. gam.
first reading,
should have
Emmick, iir.
Hansen and
E. 1st Reading Ordinance 179 -9 -0 adoption of Parks & Recreation
Plan
•
F. 1st Reading Ordinance :179 -10 -0 Adoption of Draft Land Sub-
divisions Regulations
P. 1st Reading Ordinance 479 -12 -0 Rezone from Unclassified to
Business (Bors/Furin
S. 1st Reading Ordinance h79 -13 -0 Rezone from Unclassified to
Business,( Rasmussen /Benton)
T. 1st �:eading Ordinance ,179 -14 -0 Rezone from Unclass to
Business (Chase /Gilbert /Pearson)
U. 1st R ea di ng Ordinances '79 -15 - & # 15 -0(a) A d op tion of
Compr Land Use Plan : mendmen
t
Dr. Emmic moved o aoprgv_e Ordinances ;J9 - 9 - o, ik70 - 10 - 0,
,r79 = �.z - ;/79- 13- 0,__N 79 -14 -0 and i /9 - - an d ( zt f irst ified
readin¢_an4_have public hearing at the special meeting, April 30.
Seconded by Mr. Hansen. :lotion carried unanimously.
G. Resolution 379 -15 -R bdoption of Capital Improvements Prohram
Manual. Pr. Emmick moved for adoption. Seconded by Ur. Peotter.
Motion carried unanimously.
H. 1st Reading Ordinance 1/79 -11 -0 fdootion Amended Title 2 of
the KIS Code of Ordinances. �'r Jack moved for adoption of
Ordinance- d79 -11 -0_ at first reading. Seconded by Mr. Peotter.
Motion carried unanimously.
I. i.esolution 879 - - Establishin^ B.O.E. _.ates for 1979
Original Tax Assessment VRluation "olt. Mr, i_ansen moved for
adoption, SeconRec. by Mr. Fearn. fiction carried unanimously.
!l .1„2 1 7 ? 7
KIB ASSEMBLY MEETING -APRIL 5, 1979 PAGE 5
J. Resolution '79 -16 -R Requesting Utilization and allocation of
Project G- 11304. Hr. Denslow summarized the item as it affects
the Sawmill Circle /Lakeview `_rive project. Mr. Hansen moved for
cdgption of Resolution 479 -16 -R. Seconded by Mr. .Jack. Motion
carried unanimously. _
K. r.ward of Bids for Construction of Sawmill Circle /Lakeview
Drive Project G- 11304. Mr. Ogg read the memorandum. Mr. Ogg
?coved for acceetance__of the bid from Brechan Enterprises to
complete the Sawmill Circle /Lakeview_Oriye Project_;`11304 in the
amount of 52 39�25_Seconded by_jr. Hansen. _Motion carried by
unanimous roll call vote.
L. Resolution 379 -17 -R Respecting Raw Fish Tax Per H9 306. Ur.
Ogg moved to accept Resolution ;79 -17 -R. Seconded by Dr. Emmick.
Mr. Jack read the resolution. !otion carried_unanimously..
A. five- minute recess was call. Meeting reconvened.
M. Resolution #79-18-R Endorsing Waiver of Plat Provisions.
Dr. Emmick moved to_follow_the_recommendations of the P &
Commission and the borough manager on the matter of__land__swaps
on Afognak and approve Resolution P79 -18 -R. Seconded by Ur.
Hansen.'[otioncarried unanimously.
7. Resolution 879 -19 -R Vacation and Replat Portions of Blocks
2 and 3, Allman Audition Subdivision (Art hors). Mr. Hansen
read the resolution. Mr. Milligan stated this conforms fully
with requirements. Dr. Emmick moved adoption of
Resolution #79-19-R. notion carried unanimously.
0. Resolution 1179 -20 -R Vacation of Portion of South Fifth
Avenue eight -of -play (Miller C Doubt). Hr. Fearn_moved for
adoption. Seconded by Dr. Emmick. Mr. Milligan - explained the
location and reason for the request. Motion carried unanimously.
P. Resolution f79 -21 -R Approving Plat for City Tidelands Tract
A -37 (City of Kodiak). Dr. Erunickmoved for adoption.___Seconded
be Mr. Peotter_ tfotion__carried unanimously.
Q. Resolution 09-22-R Affirming Revisions to the 0.E.D.P.
Committee By -Laws. Mayor Wallin read the resolution. Dr_Emmick
tngved fsr adoption,. Seconded by i+.r___Peotter. notion carried
unanimously.
V. Review of Borough Iianager's Contract. Dr,_Emmick moved
thig_be deferred untii_July, 1979 for an executive session for
my_iew._._Seconded_¢y "r. Peotter, Notion_carried unanimously.
W. Financial Statement February 1979. Dr. Emmick moved to
acknowledge re elpt. Segonded_byMr.Jack Motion carried
unanimously.
X. School District Report of Revenues E Expenditures February
1979. Dr. Emmick moved to acknowledge_ receipt of School_District
Report of Revenues E Expenditures for_February 1979 . and the
memorandum from Joyce Healey_re:_ of_the computer system for
the monthly_statement. Seconded by Mr. Peotter. Motion carried
unanimously.
Y. Monthly Activities Reports February and March, 1979. Ur.
Ogcc moved for acceptance of the Monthly Activities reports for
February ana March,_1979. Seconded by Mr. Hansen. Motion
carried unanimously. - - -
XI MAYOR'S COMMENTS
1. Suggested the manager set up trip for the assemblymembers to
make their annual visit with the village councils the middle of
May.
tl 1 2 1 '1 7
PAGE 6
ASSEMBLY MEETIIdG- e.PRIL 5, 1979
2. Stated she and lir. iiscuhadmet with Rearesentativionin^
in the villages. Zharoff. fmong the issues an felt the borough should be included
: r. Zharoff in the overall l plan: _(r. izaroff suggested tha nuidance tual the
planning be don s e in d h D villages
would be going to Juneau the
middle imnounced
fr she r t oattel Policy Council. Asked
M r. of enslo for pee w be permitted t o
that '.'. uensloio attend with them as there will
be many issues of intereot to the borough brought up• resent presentation
4. Stated Jay Lambert would be willing to put on a p
regarding the audio equipment the borough assembly chambers.
It would be similar to the Valdez system. requested the manager
to set up this the presentation at an assembly York session.
It was suggested that other companies be contacted llno disposal
5. Stated the legislature is cons ibbs, n Land Nanagemlan Consultant,
plan. Sugvested.reques
provide.the_necessary pressures onL∎31..M tottereeitotion this
carried
Dr. £mmick sgmoved, Seconded by
unanimously. in
6. Stated there will be a work session wage inoSeattlle onr
government state and federal wage -p ion that
C
will be able to attend this seminar
i of Denmark announcing
7. Read a letter from the Consulate
the Consulate General‘ -= be visiting in l:od iak April 6th and
7th. Mayor Nallin will meet the plane and requested as many
assembly members as possible meet with the group in the school
district conference room at 11:00 A.M. Friday, April 6th.
a. Representative Zharoff stated that the `moniesa for a the
helab
Larsen Say read are not available. Ch iak school and the ab ln
information and statistics for the
Larsen Bay road.
XII Z.SSEItBLY COM'1EIITs
Mr. Fearn: ::one .7r - -0
^_quested the borough attorney review Ordinance
per its relationship to the State of t.laska and Fthe,UnitedcStates •
of America. i;r. Denslo��. suggested iir. Hoge
Lawrence is familiar with constitutional law. in
2. Asked what the Large case. poItiwas explained g that an appeal wouldnbetfiled,
authority has already bee., given for this action. D. gulp II.
3. Asked for a moment of silence in memory
p4_ Qgg moved the borough dedicate the XIS swimming, pool to
a t that
J. y,_Fulp and have a plaque placed there in his memory and
the plaque be drawn up between staff and his family. Seconded
b: Hansen. Dr. Enmick suggested that the usual procedure
is for a community memorial committee rto ?betestablished. carried
Emrpick.moyed.to table,_ Seconded by
Dr._.£mrrick,
Mc. Fearn, Ls. Jack and Mr. ?cotter voted YES
4-2;.
with, i3r. _Fianoen and _i:r. Ogg casting 0 votes.
Hr. Hansen: 'lone
Dr. Emmick: 1. Stated the roads in :•khiok are very poor.
?.sked it improvements could be made through the Local Roads and
Trails program or the Department of Transportation. This and
conditions throughout the entire borough will be considered for
priorities in September.
chambers is
•
him. Peotter: Stated the smoke eater in the assembly
Ai seldom: used because of the noise. •trr._ tt Hotiovecarriedve the
smoke eater remov= d.__.Seconded by__
unanimously.
Mr. Jack: 1. Asked that the borough's stand on the raw fish
tax be sent to Juneau.
2. Stated there is a method of getting st thes schSuggested os electrical
rate reduced by KEA by changing
manager investigate this.
3. Felt that the Town Neeting of the Air presented by the State
of Alaska is for public participation, not a sounding board for
^old sent the ^- overner.
political entities. t- st �.t r.' -a -'
1) ? 1 7 2 9
KIS ASSEMBLY MEETING -LPAIL 5, 1979 PAGE 7
Mayor Wallin: Announced that Representative Zharoff had stated
that Kocai is being looked at for a teleconference information
center. The thing holding this up is lack of space. It was
pointed out this would be only during legislative sessions and
suggested the FedAlaska space be considered when their lease
expires. Staff was directed to advise the State that facilities
will be available for the next session for a teleconference
information center.
XIII AUDIENCE COtli!ENTS
Ron Ball, P & Z Commission representative: At the request of
the city manager, borough manager and P S Z commission reported
that tlderwood Manor is now being taken over by the dational
Bank of Alaska. It must be determined who will regulate the
f•.1fi11ment of any agreement between the City of Kodiak or KIB
with NB of A. It was suggested that the P & Z would act as a
clearing house that the :ID of ^, could answer to. The city,
borough and P E Z each have their own requirements. The bank
will give the city an agreement to complete the sewer in Alder -
wood Manor and through Elderberry Heights. This agreement
would have to be ratified by the city attorney and the borough
attorney. Dr. Emmick mo"ed to delegate the responsibility for
ALA ^ ^•• - ^� itenor. to. the_.P S Z_ Commission to act as the agent.
Secccged Sy Mr. Peotter. Motion carried 5 -1 with tir. Ogg
opposed. Mr._Hansen will represent the_ assembly in .drawing
yn. rguirements_to be _taken care of. Mr. Hansen will be
contacted for time of the first meeting.
Hr. Milligen: Announced that the Department of Transportation
has vucpted the planning sections airport master plan fcr the
Kodiak airport. All of the requirements have been included,
among them the float pirne basin.
:XI7 ADJOURNMENT
ATTEST:
The meeting was adjourned by Mayor Wallin at 11:10 P.M.
/0
Boroug1 !aj
C��